Ram Ratan Lathiya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 951 of 2018

1. Ram Ratan Lathiya S/o Tiwari Lal Lathiya Aged About 54 Years Posted At Government Iti, District- Janjgir- Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh

2. Dhansay Banjare, S/o Ferha Ram Aged About 52 Years Posted At Iti Kurud, DistrictDhamtari, Chhattisgarh., District : Dhamtari, Chhattisgarh

3. Jagdish Prasad Sahu S/o Dhaniram Sahu Aged About 52 Years Posted At Government Iti Saragaon, District Janjgir- Champa, Chhattisgarh., District : JanjgirChampa, Chhattisgarh

4. Itwari Lal Garg S/o Shri Kaliram Garg, Aged About 47 Years Posted At Government Iti, Gaurela, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh

5. Ram Prasad Chauhan S/o Chhote Lal Chouhan Aged About 41 Years Posted At Government Iti Sariya, District- Raigarh, Chhattisgarh., District : Raigarh, Chhattisgarh

6. Mohan Lal Maitri S/o Santosh Ram Maitri, Aged About 51 Years Posted At Iti Sukma, District- Sukma, Chhattisgarh., District : Sukuma, Chhattisgarh

7. Sakhi Lal Sahu S/o S/o Teekaram Sahu Aged About 50 Years Posted At Government Iti Saragaon, District- Janjgir- Champa, Chhattisgarh,, District : Janjgir-Champa, Chhattisgarh

8. Chintaram Lahare S/o Mahesh Ram Lahare, Aged About 38 Years Posted At Government Iti Pathalgaon, District- Jashpur, Chhattisgarh., District : Jashpur, Chhattisgarh

9. Krishna Kumar Soni S/o Devi Lal Soni, Aged About 53 Years Posted At Government Iti Bemetara, District- Bemetara, Chhattisgarh., District : Bemetara, Chhattisgarh 10.Santosh Das Suryavanshi S/o Panch Ram Suryavanshi, Aged About 48 Years Posted At Government Iti Dhabhara, District- Janjgir- Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ---- Petitioners

Versus

1. State Of Chhattisgarh Through Secretary, Skill Development Technical Education And Employment Department, Chamber No. 52/3, Mantralaya, Mahanadi Bhawan, New Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Director, Directorate, Employment And Training, Indrawati Bhawan, Block No. 4, First Floor, New Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

3. Joint Director, Employment And Training, Indrawati Bhawan, Bairan Bazar, Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

4. Commissioner- Cum- Secretary, Directorate Employment And Training Chhattisgarh, Block- D, First Floor, Indrawati Bhawan, New Raipur, District- Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

5. Jagdish Prasad Sahu S/o S/o Dhaniram Sahu Posted At Government Iti Saragaon, District- Janjgir- Champa, Chhattisgarh., District : Janjgir-Champa, Chhattisgarh ....Respondents For Petitioners :

Mr. B.P. Banjare, Advocate For State :

Mr. Chandresh Shrivastava, Panel Lawyer Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 30.01.2018 Heard.

1.

The present petition under Article 226 of the Constitution of India has been filed for a direction to the respondents to grant regular pay-scale to the petitioners under the contingency services immediately on completion of three years of service from the initial date of appointment.

2.

Learned counsel for the petitioners submits that the petitioners are in employment since long and therefore they are entitled for grant of regular pay-scale after completion of three years service. He further submits that similar reliefs have already been granted to certain persons whose services were also regularized in the State Government in the year 2008. He refers to an order dated 10.03.2015 stating that the said order is in respect of identically placed persons.

3.

At this juncture, learned State counsel submits that it would be better if the petitioners file detailed fresh representation to respondent no.2 along with all relevant documents in support of their claim including the orders of the State Government as also the orders of the High Court in other connected petitions. He further submits that in case representation is made, the Authority respondent no.2 shall decide the same within a further period of three months from the date of receipt of the representation. 4.

The proposal of the State counsel is acceptable to the counsel for the petitioners.

5.

Accordingly, the present writ petition stands disposed of with liberty to the petitioners to file fresh representation to respondent no.2 along with all relevant documents in this regard giving benefit to similarly placed persons and on such representation being made, respondent no.2 shall dispose of the same within a period of 90 days form the date of receipt of the representation.

6.

It is made clear that this Court has not expressed any opinion so far as the entitlement of the petitioners is concerned. The Authorities shall be free to take a decision purely in accordance with the rules governing the field. 7.

No order as to costs.

Sd/- (Manindra Mohan Shrivastava) Judge Rekha